Software Vendor Trumps First Sale Doctrine via License–Vernor v. Autodesk
[Post by Venkat, with some comments from Eric below] Vernor v. Autodesk, Inc., Case No. 09-35969 (9th Cir. Sept. 10, 2010) [pdf]. The Ninth Circuit last week issued an opinion in one of the two cases addressing whether a transaction…
July-August 2010 Quick Links, Part 2
By Eric Goldman IP * As expected, Rosetta Stone appealed its trademark loss against Google. My previous blog post. * Reality Blurred successfully counternoticed to overcome CBS’s DMCA takedown notice for the Survivor contract/rule book. * Doctor’s Associates, Inc. v….
Runescape Publisher Denied Preliminary Injunction Against Maker of Auto-Player Software — Jagex Ltd. v. Impulse Software
[Post by Venkat] Jagex Ltd. v. Impulse Software, et al., Case No. 10-10216-NMG (D. Mass.) (Aug. 16, 2010) Jagex operates “Runescape,” a popular and free online role-playing game. The game has over 130 million accounts, and users spend a significant…
July 2010 Quick Links, Part 1 (IP Edition)
By Eric Goldman Trademarks * Rebelution, LLC v. Perez, 2010 WL 3036217 (N.D. Cal. July 30, 2010). The plaintiff is a band named Rebelution. The defendant is a music performer named Pitbull who released an album “Pitbull Starring in Rebelution”…
Google Protected by 17 USC 512(d) for Links to Infringing Content; Perfect 10’s Takedown Notices Were Mostly Insufficient
By Eric Goldman Perfect 10, Inc. v. Google, Inc., 2:04-cv-09484-AHM-SH (C.D. Cal. July 26, 2010) In 2007, the Ninth Circuit issued an important but befuddling ruling in Perfect 10 v. Amazon and Google. That ruling addressed Perfect 10’s prima facie…
Online Video Publisher Learns Why You Should Register Your Copyrights Early–LTVN v. Odeh
By Eric Goldman LTVN Holdings, LLC v. Odeh, 2010 WL 2612690 (D.Md. June 25, 2010). The 2009 ruling on jurisdiction in this case. Kramer is a litigator. He formed an organization that publishes educational videos about legal topics and provides…
Copyright Statutory Damages Award Violates Constitutional Due Process–Sony v. Tenenbaum
By Eric Goldman Sony BMG Music Entertainment v. Tenenbaum, 2010 WL 2705499 (D. Mass. July 9, 2010) I have largely skipped blogging the Sony v. Tenenbaum lawsuit because (1) it was well-discussed elsewhere, and (2) for the most part, it…
Q2 2010 Quick Links Part 2
By Eric Goldman Marketing and Advertising * Good talk from FTC Chair Leibowitz: “we have great hopes for self-regulation….So long as self-regulation is making forward progress, the FTC is not interested in regulating” behavioral targeting. * NYT on teaching middle…
Scribd Can’t Shake Copyright and Publicity Rights Lawsuit on Motion to Dismiss–Williams v. Scribd
By Eric Goldman Williams v. Scribd, 3:09-cv-01836-LAB -BGS (S.D. Cal. June 23, 2010). Larry Williams has written several books on commodities trading (their titles suggest they fit into the “Make Money Fast” genre). He alleges that rogue Scribd users, including…
YouTube Gets Decisive Win in Viacom/FAPL Case
By Eric Goldman Viacom International, Inc., v. YouTube, Inc., 2010 WL 2532404 (SDNY June 23, 2010). The Viacom v. YouTube case has been noteworthy for numerous reasons. It involves the cherished Internet brands YouTube and Google, it’s been going on…